(Lenexa, Kan., May 30, 2013) - EPA Region 7 and Rotary Drilling have reached a proposed agreement to address environmental impacts from the unauthorized disposal of approximately 140,000 tons of coal ash from the Rush Island Power Plant owned and operated by Union Electric Company (d/b/a Ameren Missouri). EPA is accepting public comment on the settlement pursuant to the federal Resource Conservation and Recovery Act (RCRA).

In an administrative order on consent (AOC), EPA alleges that the dumping of the coal ash on property owned by Rotary Drilling Supply, Inc., located in Jefferson County, Mo., impacted wetlands, an unnamed tributary to Plattin Creek, and a portion of Willers Lake. The coal ash contains environmentally harmful metals that migrate into adjacent surface waters.

Between October 2004 and September 2008, Rotary Drilling and another company, Mineral Resource Technologies, Inc., contracted with Kleinschmidt Trucking, Inc., to haul and dispose of approximately 95,000 tons of coal ash to the Rotary Drilling site. During that time period, Mineral Resource Technologies, Inc., contracted with Union Electric Company to find and secure locations for coal ash disposal. In 2007, Union Electric contracted directly with Kleinschmidt Trucking, Inc., to haul and dispose of approximately 45,000 tons of coal ash from the Rush Island Power Plant at Rotary Drilling’s property.

EPA’s proposed settlement, issued pursuant to federal RCRA authority, requires Rotary Drilling to abate impacts of the coal ash disposal by placing a protective cap over the coal ash piles and installing controls to prevent the continued migration of coal ash constituents into wetlands and other surface waters.

Additionally, Rotary Drilling must mitigate for lost wetland functions by purchasing wetland mitigation bank credits. Wetland mitigation bank credits involve the restoration, creation, enhancement, or preservation of a wetland, stream, or habitat conservation area to offset adverse impacts to similar nearby ecosystems. The goal is to replace the function and value of the specific wetland habitats that have been adversely impacted.

A copy of the Administrative Record is located at the Crystal City Public Library, 736 Mississippi Ave., Crystal City, MO 63019. EPA invites the public to comment on the AOC. The 30-day public comment period opens on May 30, 2013, and runs through June 28, 2013.

# # #

Learn more about EPA’s waste, chemical and cleanup enforcement efforts